SECTION VI

Section VI- Page 1

SECTION VI

ELIGIBILITY

(BYLAWS)

(Please also refer to Section X for additional bylaws regarding

Charter, Alternative, Home School, and Non-Member Private School Student

eligibility for participation)

6.1 STUDENT PARTICIPATION

Participation is a privilege, not a right. Students earn the privilege to participate by adhering to high

standards of personal conduct, academic performance, and compliance with the Association’s eligibility

guidelines.

Note: “Participant” is defined as a student who represents his/her school for any period of time. A participant

is any student who has an official role with an NMAA sanctioned program, including, but not limited to,

managers, statisticians, team videographers, etc. Participating students are required to compete in the gender

listed on their original or amended birth certificate.

Students participating in interscholastic activities represent the school, depict its character, and serve as role

models to other students. Accordingly, participants are subject to a standard of academic performance and

to high standards of conduct both in and out of the school setting. Continued participation in interscholastic

activities is conditioned upon observing and maintaining such standards, and complying with NMAA bylaws,

rules, and policies. It is the responsibility of the Local School District to ensure that academic standards and

codes of conduct are enforced.

Note: The student and his or her Parent(s) or Legal Guardian(s) are responsible for becoming familiar with

the rules and regulations of the New Mexico Activities Association and the student’s respective school.

6.1.1 Purpose

A. Students who participate in interscholastic activities serve as representatives of the Association,

their respective schools/districts, and their communities.

B. Participants serve as role models and leaders among their peers.

C. The NMAA’s Sportsmanship Mission is: “To develop champions for the future by utilizing

athletics and activities to learn and practice the character traits necessary to live a positive,

productive and caring lifestyle.”

D. The NMAA defines Sportsmanship as: “The act of treating others in a respectful manner, taking

personal responsibility for your actions and responding with integrity while engaged in

competition.”

E. The NMAA defines its “Compete with Class” sportsmanship initiative as “Competing in a

manner where your attitudes, actions and reactions are synonymous with the ideals of good

sportsmanship.”

F. Member schools must provide students with clear guidance regarding NMAA and school

expectations and the consequences that can result from any violations of NMAA or school

specified rules and regulations.

Section VI- Page 2

6.1.2 Student Transferring to Follow a Coach in High School – Prohibited (See also 7.4.5, 9.3.18)

The transfer/residency requirement is implemented as a means to discourage recruitment and reduce

the opportunity for undue influence. Beginning with the summer prior to the 7

grade, if a student

participates on/with any team (i.e. interscholastic, AAU, American Legion, club settings, summer

program, etc.) that is affiliated with or coached by a coach associated with that same sport at a school

other than the one the student attends or has attended, and then transfers to that school, regardless

of change in bona fide residence, it will be assumed that the student has been recruited to attend that

school or transferred to that school for athletic reasons, and the student will be ineligible for all high

school athletic participation for 365 calendar days. If the student transfers to a school that his/her

coach has relocated to, regardless of change in the student’s bona fide residence, it will be assumed

that the student transferred to that school for athletic reasons and he/she will be ineligible there for

all high school athletic participation for 365 calendar days.

6.1.3 Undue Influence of a Student – Prohibited

An “impermissible benefit” is any arrangement, assistance or benefit that is not offered or generally

made available to all students and/or their families who apply to or attend a school, or that otherwise

is prohibited by NMAA rules.

Providing an impermissible benefit to a prospective student-athlete and/or family member by school

employees, athletic department staff members or representatives of a school’s athletic interests, to

secure or encourage the attendance of that student for athletic purposes constitutes undue influence,

resulting in ineligibility for all high school athletic participation for 365 calendar days.

If a coach is directly associated with undue influence, the member school will be fined

$2,500/$5,000 (See 7.4.6).

Specifically prohibited arrangements, assistance or benefits include, but are not limited to, the

following: (See also 1.8.1, 7.4.4)

A. School-based financial assistance of any kind that exceeds the amount for which a student has

been approved by an independent financial needs assessment or otherwise is in excess of any

supplemental assistance provided by a school to each and every student who qualifies for

financial assistance.

B. Cash or like items, such as credit cards, debit cards, gift cards, gift certificates, coupons or

vouchers.

C. Gift of clothing, equipment, merchandise, or other tangible items.

D. Payment for any work or service that is not performed or that is in excess of the amount

normally paid for such work or service.

E. Free or reduced-cost transportation.

Q1: If a student athlete plays on a summer league team, participates in summer practices etc.

at a jr. - sr. high school outside of his/her attendance zone, and then transfers to that school,

is he/she in violation of the Student Transferring to Follow a Coach bylaw?

A1: Yes. If a student has not officially withdrawn from his/her present school and enrolled in

the new school that he/she plans to attend, he/she will be deemed ineligible should he/she

choose to transfer to that school after participating on a summer league team, and/or in

summer practice, open gym, etc.

Section VI- Page 3

F. Living on a full- or part-time basis, regardless of whether rent is paid, with any school

employee, athletic department staff member, representative of the school’s athletic interests,

unless legal guardianship appointed by a court of competent jurisdiction has been obtained.

(See 6.8.2.A for Foreign Exchange exceptions)

G. Free or reduced-cost rent for housing, vehicles, or other items.

H. Full or partial payment of moving expenses or assistance of any kind with an actual physical

move.

I. Employment or assistance in securing employment or contractual arrangement of any kind for

which compensation may be paid.

J. Free or reduced costs to attend a sport or skills camp.

K. Any other form of arrangement, assistance, discount, or benefit that is not generally available

to other students in the school or their families or that is based in any way on athletic ability.

Q1: If a student not presently enrolled in a school and/or members of the student’s

family meet with a coach in any type of setting or capacity (home, restaurant, etc.)

and the student then transfers to that school, would that coach/student/family be

deemed to have been in violation of the Undue Influence of a student bylaw?

A1: Yes. If a student is interested in transferring to another school, all communication

should take place with the guidance counselor, and/or school administration,

inclusive of the director of athletics, if requested.

Q2: If a parent initiates contact with a coach with the intent of discussing the possibility

of his/her son or daughter transferring schools to play in the coach’s program, what

would be an appropriate response from the coach?

A2: The coach should immediately inform the parent that discussing the issue with

him/her would be in violation of NMAA bylaws and should the parent choose to

discuss the transfer of his/her son or daughter, he/she should do so with the school

guidance counselor and or members of the school’s administrative team. The coach

should also inform the parent that he/she would be glad to discuss program

specifics with them if and when the student has completed the enrollment process.

Q3: Is it permissible for a coach to contact a student or his /her parents prior to the

student’s enrollment in the school?

A3: No, a coach may not contact a student or his/her parents prior to the student’s

enrollment in the school at which he/she coaches. This shall apply to all students

whether they have previously been involved in athletics or not.

Q4: If a student pre-enrolls in a school prior to officially withdrawing from his/her

present school, can a coach begin the process of communicating with that student

and/or allowing him/her to attend out of season work outs, etc.?

A4: No. Members of a coaching staff are to have NO contact with a student athlete

presently in attendance at another school. The communication process may only

begin once the student has finalized the withdrawal process from his/her present

school.

Section VI- Page 4

6.1.4 Compliance

A. Eligibility rules shall comply with the intent and purpose of:

1. Federal laws superseding state and local laws.

2. New Mexico State Law including the Children’s Code and Open Enrollment

Statutes.

3. The policies and mission of the NMAA.

B. Eligibility rules and standards apply to students who participate in interscholastic activities.

C. The NMAA does not discriminate or preclude students from participating based upon

disabilities defined by the Americans with Disabilities Act (ADA). (See 6.12.2)

D. Member schools may establish and administer eligibility rules which exceed standards defined

in the NMAA policies and procedures Handbook.

E. If a student, the student’s Parent(s) or Legal Guardian(s) provides false information to the

school or the New Mexico Activities Association, the student shall be declared ineligible for

participation for a period of 365 calendar days in all sports at all levels from the date of

discovery that information was false.

6.2 SCHOLARSHIP

6.2.1 Extracurricular Activities – Student Participation

A. Academic Eligibility

1. A student shall have a 2.0 grade point average with no F’s, based on a 4.0 grading scale,

or its equivalent, for the semester grading period immediately preceding participation. For

students not eligible at the semester, the next six or nine week grading period can be used

to regain eligibility. Grades earned during a summer session must be placed on a student’s

transcript by the school registrar prior to the first day of the Fall semester in order for the

course to be utilized for eligibility purposes.

a. All class work counted for eligibility must be credit earning and acceptable for

graduation.

b. The GPA is based on a 4.0 scale with an allowance for consideration of honors

points.

c. Cumulative provision

1. A student who is ineligible at the end of a semester may utilize the cumulative

provision.

Q5: Is it permissible for a coach to discuss their program or invite players to their

school/facilities prior to the student’s enrollment in school and disenrollment from

their former school?

A5: No. This conduct would be considered undue influence/recruiting. Coaches must

not have contact with students until they are official disenrolled from the former

school and enrolled in the new school.

Section VI- Page 5

2. Only semester grades can be used, and all semester grades starting with the 9

grade year must be utilized. (The cumulative provision cannot be used for 9

grade or middle school/junior high students.)

3. The cumulative provision may not be applied if a student has more than one “F”

in the semester grading period immediately preceding participation.

4. A student must have passed a minimum of 51% of coursework taken by a full-

time student in the semester grading period immediately preceding participation

to take advantage of the cumulative provision option.

d. Stricter guidelines may be imposed by the school/district.

2. A student must be enrolled in at least 51% of the member school’s regular class schedule

in courses that will be counted towards his/her graduation and in regular attendance during

the current as well as the previous semester.

Q3: If not taking a full schedule of classes, how many classes must a student take

in order to participate?

A3: The student must take at least 51% of the regular or A/B block schedule in

order to be considered eligible to participate. Examples: In a school with an

eight period school day, a student must be enrolled in five courses. In a school

with a six or seven period school day, a student must be enrolled in four

courses.

Q2: Do off-campus courses (ex., dual enrollment) count towards a student’s

eligibility?

A2: Yes, all courses listed on a student’s transcript must be factored into a student’s

grade point average for eligibility purposes.

Q5: A student receives an “Incomplete,” at the time the AD checks for eligibility,

how is this calculated in the GPA?

A5: Incompletes (I), failing withdrawals (WF) and no grades (N or NG) are treated

as an “F” for GPA purposes.

Q1: Can a course listed on the transcript as earning “no credit” be utilized for

eligibility purposes as one of the courses that a student is taking?

A1: No, to be included in a student’s class load for eligibility, the course must be a

credit-earning course, which counts towards the student’s graduation (letter

grade or pass/fail mark earned).

Q4: A student, not on block schedule, is enrolled in a dual-credit, off-campus

course that awards a full credit for the semester. How is this course treated in

regards to the 51% enrollment rule?

A4: Dual-enrollment college courses, which earn a full high school credit in one

semester, are treated as the equivalent of two half-credit classes.

Section VI- Page 6

B. Academically Ineligible Player

1. Practice - The student may practice with the team if it is determined by the school’s

administration that he/she is demonstrating academic progress towards eligibility.

2. Participation - The student CANNOT participate in any interscholastic event at any level

of competition during the period of ineligibility. The student may participate in team

functions at the school only. A student who has participated in an interscholastic event(s)

during his/her period of academic ineligibility must sit out the number of

games/events/contests that he/she participated in once he/she becomes academically

eligible.

Q6: Do online courses count towards a student’s eligibility?

A6: Yes, all courses listed on a student’s transcript must be factored into a

student’s grade point average for eligibility purposes.

Q7: If a student, not on block schedule, fails a dual-credit, off-campus course that

awards a full credit for the semester, can that student still use the cumulative

provision?

A7: Yes, if the course is the only one failed that semester & the student passed

more than 50% of a full class load.

Q8: A student is deemed scholastically ineligible at the end of a semester and does

not gain eligibility through the cumulative provision or through summer

school. When can that student regain his/her eligibility?

A8: Ineligible students may regain their eligibility at the next regular grading

period of the following semester. If utilizing a 6-week grading period, students

that regain their eligibility after the first 6-weeks of the semester (1

or 4

weeks), must also have their eligibility checked at the next 6-week grading

period of that semester (2

or 5

6-weeks).

Q9: How is a student’s grade determined at each grading period if he/she is

enrolled in a self-paced online class?

A9: To earn grade credit, students must complete the equivalent percent of

coursework corresponding to the grading period. The grade earned at those

marking periods is the grade calculated for eligibility. Students who fail to

complete the equivalent percent of coursework at those grading periods will

earn an F.

Example: A student enrolled in a semester-long course at a school who uses

quarter marking periods must have completed 50% of the course by the first

nine weeks and 100% of the course by the end of the semester. The grade

earned at those marking periods, is the grade calculated for eligibility.

Section VI- Page 7

3. Travel - The Student CANNOT travel to any interscholastic event or activity with the team

during the period of ineligibility.

4. Games – The student may take part in game preparation but CANNOT dress out in uniform

or sit on the bench in street clothes with the team during games.

C. Attendance Requirements (HB 236 – 2019)

Pursuant to New Mexico State Statute 22-12-2.1, the Local School District is required to enforce

that students shall not be absent from school for extracurricular activities in excess of fifteen days

per semester, and no class shall be missed in excess of fifteen times per semester for interscholastic

extracurricular activities. The Secretary of Education may issue a waiver relating to the number of

absences for participation in any state or national competition that is not an interscholastic

extracurricular activity.

D. Open Enrollment Eligibility

A ninth-grade student who has not previously competed in interscholastic sports at the high school

level has his/her open enrollment choice. The student may compete without reference to his/her

immediate or previous scholastic record in eighth grade (last semester). The end of the 1

semester

grading period in 9

grade establishes the beginning of the scholarship requirements for this student.

6.2.2 Waiver Request for Scholarship Requirement

In case the scholastic record for the previous semester grading period is incomplete due to sickness

or death in the immediate family or any other legitimate cause, the student may petition the NMAA,

through the administrative head of the school of attendance, for a waiver of the previous semester

grading period scholarship requirement.

6.2.3 Special Education

A. Students enrolled in a special education program (classification levels 1/2 or A/B) whose

service schedule, as determined by the Individualized Educational Program Committee, is less

than 50%, are subject to the same scholastic requirements as stated in 6.2.1 (New Mexico State

Statute 22-12-2.1).

B. Scholastic eligibility criteria for students (classification levels 3/4 or C/D) whose service

schedule, as determined by the Individualized Educational Program Committee, is more than

50%, may be determined by the Individualized Educational Program Committee. The student’s

current IEP must indicate that a specific educational plan is in place should the student not meet

NMAA academic eligibility requirements for athletic participation.

Q1: A student who has participated in an interscholastic event during his/her period of

academic ineligibility must sit out the number of games that he/she has participated

in once he/she becomes academically eligible. What if the number of games played

in during the ineligible period exceeds the number of games remaining in the

season?

A1: If the student is an underclassman, the penalty will carry over into that specific

sport season for the following year.

Section VI- Page 8

6.2.4 Make-Up Class in Summer School

A student may make up classes during summer school by earning a passing grade in at least the

general level of the same course from an accredited program. The new grade may be substituted for

the original grade in that class providing the local school policy permits. Summer school is defined

as an extension of the spring semester for that year only. If the course is to be utilized for

determining a student’s eligibility, it must be placed on the transcript prior to the first day of the

school year.

Q2: A student fails his/her English class during the normal school year and takes a typing

class in the summer. Does the grade received replace the failing grade received in the

English class?

A2: No. To replace a grade, the same course must be taken. Otherwise, all grades,

including the failing grade and the summer school grade, must be considered in

calculating the GPA for eligibility purposes.

Q1: A student completes an online correspondence course prior to the first day of school.

The grade for the course is not submitted to the school’s registrar for inclusion in the

student’s transcript until the second week of school. Can the course be used to

determine the student’s eligibility for the initial grading period?

A1: No, all coursework to be utilized for the initial eligibility period of a school year must

be included on the student’s transcript prior to the first day of the school year.

Q2: What requirements must be met for academically ineligible 3 and 4 level students to

gain academic eligibility for participation ?

A2: In order to gain academic eligibility for participation, the student’s IEP must define

academic goals, specific to athletic eligibility, that the student must meet or make

progress toward prior to he/she being declared eligible to participate.

Q3: Can a summer school or off campus course (online, etc.) be factored into a student’s

semester GPA if the course does not replace an existing grade?

A3: Yes, even though the course will not replace an existing grade, it can be factored into a

student GPA for the preceding semester as long as the course appears on the student’s

transcript within the required timeframe.

Q1: If a level 2 special education student has not met academic eligibility criteria during a

semester grading period and the IEP committee convenes and adjusts the student’s

level to 3, can the committee grant the student immediate eligibility?

A1: No, since the student did not meet eligibility criteria during the previous semester

grading period, he/she must serve that grading period of ineligibility. For purposes of

academic eligibility, Level 1 and 2 students fall under the same set of guidelines as

regular ed. students.

Section VI- Page 9

6.2.5 Scholarship Requirements Established by Member Schools

Member schools may establish and administer scholarship requirements, which exceed the

minimum requirements, stated herein. Students transferring to a school must meet the scholarship

requirements established by that school.

6.2.6 Grace Period

The school is allowed up to seven (7) school days from the last day of the regular grading period or

semester, whichever is applicable, for grades to be gathered and recorded and the

eligibility/ineligibility of student athletes to be determined for the next grading period or semester.

Students, who are declared eligible at the end of a semester, retain their eligibility throughout the

duration of the following semester. Athletes who are declared ineligible at the end of a semester

may regain their eligibility at the next six or nine week grading period.

Q1: A student, whose previous semester grading period and cumulative GPA are between

2.0 and 2.4 (with no F’s), transfers to a school that has established a minimum 2.5

GPA as a requirement for athletic participation. Does that student meet NMAA

academic criteria to participate?

A1: No. A student must meet the minimum academic standards of the school that he/she

is attending in order to be deemed eligible for participation at that school.

Q5: A student fails more than one course during the spring semester. The student opts to

take summer school but not all the failed courses are offered during the summer. How

many courses must the student repeat in order to utilize the cumulative provision?

A5: In order to utilize the cumulative provision, the student must repeat enough course

work so that he or she is left with only one failing mark for the spring semester and

must have passed a minimum of 51% of a regular spring semester class load.

Q4: A student fails a spring semester course that is not offered at the local high school

during the summer. Can the student replace the grade with an online or dual

enrollment course from an accredited institution during the summer?

A4: Yes. As long as the course is at least the general level of the same failed course.

Q6: A student repeats a failed course during summer school and passes but is still ineligible

and would like to use the cumulative provision to gain eligibility. Does the school have

to include the failed course when utilizing the cumulative provision?

A6: Local school policy can determine whether to include both grades or just the passing

grade when utilizing the cumulative provision for scholastic eligibility.

Q7: Can a student replace a failed spring semester course with only a “passing” (P) mark

in the same course in summer school?

A7: For GPA purposes, the program needs to award a letter grade or provide a final

percentage. If not, “passing” marks would only be valued as the lowest allowable letter

grade acceptable to earn credit.

Section VI- Page 10

Note: Schools must declare fall semester eligibility prior to first day of the fall semester.

6.3 ENROLLMENT REQUIREMENTS

Prior to participating in any interscholastic activity including but not limited to practice sessions, in-season

or off-season practice/workout sessions, summer practice/workout sessions, or school district approved

athletic elective credit classes, the following conditions apply:

6.3.1 Student Enrollment

The student must be officially admitted to the public high school in his or her designated attendance

zone, obtain a school district approved transfer to a school outside his or her designated attendance

zone, or be enrolled in a private, charter, alternative or home school. (See Open Enrollment Choice

6.4.1)

Q4: A student with an “Incomplete” grade at the end of the spring semester was unable

to make up the incomplete course work during the summer. Can the school apply the

seven (7) school day grace period to the following school year to allow the student to

make up the incomplete course work before declaring fall semester eligibility?

A4: No. Spring semester grades for all students must be recorded and fall semester

eligibility declared prior to the first day of the fall semester. The first day of the fall

semester begins a new school year.

Q1: If eligibility is determined by semester grades, must schools continue to declare

eligibility for ALL students at each regular marking period?

A1: No. Only those students who were declared ineligible at the end of the previous

semester need be reviewed at the next regular marking period. Schools have seven

(7) school days from the end of the regular marking period in which to declare

eligibility for these students.

Q2: Although grades have not been officially posted, the grading period has ended, and a

Student, upon report from his teachers, has now become academically eligible to

participate. Can these “reported” grades be used for eligibility?

A2: No. The Athletic Administrator at each member school must set a date at the end of

each grading period (regular or semester) to declare student eligibility. The same

date must be used for all students whose eligibility is under consideration. A student

cannot be declared eligible prior to or after that date. The eligibility for all students is

considered at the end of each semester. Only ineligible students are considered at

regular marking periods.

Q3: A Student with an “Incomplete” grade made up the work two weeks after the grading

period ended. Can this amended grade now be used for eligibility?

A3: No. There is a seven (7) school day grace period from the last day of the grading

period for grades to be gathered and recorded for eligibility determination. The

Incomplete grade must have been remedied by the end of the day that the AD declares

the academic eligibility status of all students.

Section VI- Page 11

6.3.2 Full-Time Student

The student participant must be a Full-Time student of the member school for which he/she

participates or represents. A Full-Time student is defined as a student who is enrolled in a minimum

of 51% of the member school’s regular class schedule and is in regular attendance at the NMAA

member school. The student must be enrolled in courses that are credit earning, are applicable to

high school graduation requirements and are to be included in the student’s high school transcript.

Note: See 6.3.5 for regulations governing Charter, Home, Alternative, and Non-Member Private

School students.

6.3.3 Use of Student’s Own Legal Name

The student participant must be enrolled under his/her own legal name.

6.3.4 Attendance Zone Determination

Attend the high school in his or her designated Attendance Zone or the high school of his/her Open

Enrollment Choice. Private Schools and Charter Schools do not have a designated attendance zone.

A. The attendance zone is based on the bona fide residence of the student’s Parent(s) or Legal

Guardian.

1. Residence of Student, Parent(s), Spouse

a. The residence of a single, divorced, or widowed student is presumed to be that of the

parents of the student.

b. The residence of a married student is presumed to be that of his or her spouse.

6.3.5 Participating at Schools other than those Attending

Students attending Charter Schools, Alternative Schools, Home Schools, or Non-Member Private

Schools may participate at schools other than those that they attend, providing they meet eligibility

criteria. (Please see specific rules and regulations governing Charter, Alternative, Home, and Non-

Member Private Schooled students outlined in Section 10 of this Handbook.) NMAA member

private school and/or NMAA member public school students are ineligible to participate in NMAA

sanctioned activities/athletics outside of the school in which they attend.

6.3.6 Enrollment Timeline for Participation

A. A student entering school for the first time in a school year must have enrolled by the tenth (10)

school day of that semester to be considered for immediate athletic eligibility.

B. If not enrolled by the tenth (10) day, the student is ineligible for participation until his/her

eleventh (11) day of attendance.

C. The 10-day rule applies if the student is absent from school for ten (10) or more school days

and is officially dropped from the school registry, unless he/she is out of school due to

documented illness or injury. A student is required to practice the appropriate number of days

in advance of participation in a contest/game/match. (See individual sport bylaws in Section

VII)

Section VI- Page 12

6.3.7 Non-Athletic Residential Requirements

Bowling is the only non-athletic activity sanctioned by the NMAA whose participants must meet

the same residential regulations required of athletic participants.

6.4 OPEN ENROLLMENT

6.4.1 Open Enrollment Choice

Open Enrollment Choice refers to a one-time decision to attend/participate for a school of the

student’s choosing, pursuant to state statutes and the policies of each school district.

A. An incoming ninth grade student, or an eighth-grade student who participates at the high school

level, will have made his/her Open Enrollment Choice subject to the following rules:

1. An incoming ninth grade student, upon his/her initial enrollment in ninth grade, will have

an Open Enrollment Choice to enroll in a member public, private, tribal, independent,

parochial, charter, alternative, or home school.

2. An eighth-grade student who participates in high school athletics, at any level of

competition, will make his/her Open Enrollment Choice at the eighth-grade level. 8th

grade students must participate at their home attendance zone public high school unless

one of the following exceptions is applicable:

a. Students enrolled in a K-12, 6-12 or other combined member school are eligible to

participate at the school in which they are currently enrolled.

b. Students are eligible to participate outside their home attendance zone public high

school if it can be verified that:

1. The student has been enrolled consecutively in that school’s feeder system since

elementary school.

2. The student is an out-of-state transfer that has been enrolled consecutively in that

school’s feeder system since their initial enrollment in New Mexico.

3. An out-of-state student making a bona fide resident move with family will have an Open

Enrollment Choice to enroll in a member school upon their initial enrollment in the state

of New Mexico.

4. Open enrollment choice is not an option for foreign students residing without their parents

and/or legal guardians.

Note: Athletic Directors (at all levels) must submit the online “8

Grade Participation

Form” to the NMAA signed by the Parent and Athletic Director prior to 8

Graders

participating at the high school level. 8

grade students are ineligible to participate at any

level until the NMAA has confirmed receipt of the “8

Grade Participation Form.”

Q1: Has an 8

grade student who participates on a high school team at the sub

varsity level made his open enrollment choice?

A1: Yes, an open enrollment choice has been made for all sports, when a student

participates at any level of high school competition.

Section VI- Page 13

B. The Open Enrollment Choice will allow entering ninth grade students to be eligible

immediately at all levels of competition, providing all other requirements are met. (See 6.1.2

and 6.1.3 for situations which would make an eighth grade/freshman student ineligible for Open

Enrollment Choice.)

C. If a student utilizes his/her Open Enrollment Choice as an incoming ninth grader to enroll in a

school outside the attendance zone of his/her primary residence, the Student will NOT be

classified as a transfer student. The student must follow the Open Enrollment process as

established by his/her local school district.

D. If a student changes schools after the Open Enrollment Choice, he/she is classified as a transfer

student. All transfer rules then apply. (See 6.6)

E. Failure to follow the approved local school district Open Enrollment process or providing false

information to the school’s administration for enrollment purposes will result in the student’s

immediate suspension from participation. Once the student achieves an approved Open

Enrollment to the school of his/her Open Enrollment Choice, he or she is ineligible for 365

calendar days from the time of the approved enrollment.

6.5 BONA FIDE RESIDENCE

6.5.1 If a student enrolls in the high school within the attendance boundaries of the student’s primary

residence and resides with his or her Parent or Legal Guardian, the student is a bona fide resident of

that attendance zone providing all other requirements are met. (Note: With the exception of

freshmen participating at the high school level for the first time and non-senior students participating

exclusively at the sub-varsity level, required NMAA petition documentation must be presented to

the NMAA for an eligibility ruling prior to the student’s participation in NMAA sanctioned events.)

A. A student who has not previously participated outside of their home attendance zone public

school is eligible to participate at the varsity level once the student, Parent(s) or Legal

Guardian(s) have established a bona fide residence and all petition documents have been

approved by the NMAA.

B. Bona Fide Residence Criteria

1. Documentation for the establishment of a bona fide residence shall be provided to the

NMAA as follows:

Q1: A Student makes his/her Open Enrollment choice at a private school or a

school that is located outside of his/her attendance area. If the student leaves

his/her school in good standing then enrolls in his/her home attendance area

school is the student eligible for varsity athletic participation?

A1: No. The Student is considered a transfer student and is ineligible for varsity

athletic participation for 365 calendar days from the date of enrollment. Once

the student has made the Open Enrollment choice at a private or out-of-district

school, he/she no longer retains eligibility at the home attendance area school.

Q2: If a student transfers with their family from out of state to a community in our

state, is that student afforded immediate eligibility through Open Enrollment

Choice at the school of his/her choice, including a private school?

A2: Yes, if the student is making a bona fide residence move into the state of New

Mexico with their family for the first time.

Section VI- Page 14

a. Does the student’s Parent, Legal Guardian, or other person whose residence

determines the student’s residence own a house or condominium or rent a house or

apartment in the school district and attendance zone? Parents must provide

documentation to verify the purchase, lease, or rental of a home or living quarters

located in the new attendance zone. A lease or rental agreement must be for at least

one year in duration.

b. Does the student and Parent or Legal Guardian have their furniture and personal effects

in the new district and attendance zone? There shall not be any personal effects or

furniture belonging to the family at the previous residence.

c. Does the student and the Parent or Legal Guardian receive their mail (other than

business or office mail) in the new district and attendance zone? The family shall

submit a change of mailing address to the Post Office.

d. Do the siblings of the student attend schools within that attendance zone?

e. Do the Parent(s) or Legal Guardian(s) regularly live in the new district and attendance

zone?

1. The new residence shall accommodate the entire family.

2. The former residence shall be on the market at a reasonable market price, or sold,

or the lease or rental agreement shall be terminated, or the home abandoned.

3. All utilities and telephone services shall be disconnected or no longer in the

family’s name.

f. Items used for personal identification purposes should reflect the current/new address.

C. Conditions of Eligibility/Ineligibility for Students Establishing a Bona Fide Residence

1. If the student enrolls at the school located within the attendance zone of the student’s new

bona fide residence, the student is eligible immediately once bona fide residence pursuant

to Rule 6.5.1.B.1 (a-f) and good standing is established through the petition process. If not

enrolled by the tenth (10) day of that semester, the student is ineligible until his/her eleventh

(11) day of attendance at the new school and after participation in the required number of

practices. However, if a student transfers after he/she has competed in a particular sport at

his/her former school, regardless of change in residence, the student will be ineligible for

the remainder of that particular sport specific season. A student cannot represent two

schools in the same sport in the same season. Exceptions to this rule must be petitioned to

the Association (See 6.13.1).

2. A student shall be in good standing and eligible at the previous school. The receiving

school shall obtain from the previous school, documentation that the student left the

previous school scholastically eligible to participate under NMAA guidelines, had a clean

discipline record, acceptable attendance, and no fines, fees and/or outstanding debts owed

to the school. (Form C)

6.6 TRANSFER STUDENT

6.6.1 Transfer Students defined:

A. A student who enrolls in a high school outside of the attendance boundaries of the student’s

bona fide residence. (Exception 6.4 “Open Enrollment Choice”)

B. A student who resides with someone other than his or her Parent(s), Primary Custodial Parent,

Legal Guardian(s).

C. A student who transfers to his/her home district school after having made an Open

Enrollment choice at a school outside of his/her attendance zone.

D. A student attending a private (to include boarding) school after making their Open Enrollment

Choice.

Section VI- Page 15

6.6.2 Conditions of Eligibility for Transfer Students

A. A student must obtain a local school district approved Open Enrollment transfer.

B. A student shall submit to the receiving school a transcript of credits and grades showing

eligibility at the previous or sending school.

C. A student shall be in good standing and eligible at the previous school. The receiving school

shall obtain from the previous school, documentation that the student left the previous school

scholastically eligible to participate under NMAA guidelines, had a clean discipline record,

acceptable attendance, and no fines, fees, and/or outstanding debts owed to the school.

D. The student is eligible immediately for sub-varsity level competition if the student left the

previous school in good standing. If not enrolled by the tenth (10) day of that semester, the

student is ineligible for participation until his/her eleventh (11) day of attendance at the new

school and after participation in the required number of practices. Senior transfer students may

not compete on the sub-varsity level.

E. If a student leaves his/her previous school in good standing (NMAA Petition Form C), the

student is ineligible for varsity level participation for 365 calendar days. School days are

determined using the official local school district’s calendar and does not include summer

school. If the student does not leave his/her school in good standing, the student is ineligible

in all sports at all levels of competition for 365 calendar days or until all disciplinary

measures/debts from the sending school have been satisfied.

F. Failure to achieve an approved school district transfer or providing false information will result

in immediate suspension from participation for 365 calendar days in all sports at all levels.

Q2: If a student leaves a school with unpaid fines or unmet disciplinary requirements

will that student be held out of competition at his/her new school until restitution

has been made?

A2: Yes, based on the form C received from the sending school, the NMAA will rule

students at any level of competition, ineligible until all restitution, monetary or

disciplinary, has been satisfied.

Q1: A Student makes his/her Open Enrollment choice at a private school or a school

that is located outside of his/her attendance area. If the student leaves his/her

school in good standing then enrolls in his/her home attendance area school is the

student eligible for varsity athletic participation?

A1: No. The Student is considered a transfer student and is ineligible for varsity athletic

participation for 365 calendar days from the date of enrollment. Once the student

has made the Open Enrollment choice at a private or out-of-district school, he/she

no longer retains eligibility at the home attendance area school.

Section VI- Page 16

6.7 CONDITIONS OF GUARDIANSHIP

Note: Legal guardianship must be established at least one calendar year before the transfer in order

to be considered for eligibility purposes.

6.7.1 Legal Guardian

If a student’s Parents are alive but a Legal Guardian of his or her person is appointed by an

appropriate district court judicial authority, the residence of the student is presumed to be that

of the Legal Guardian. If not appointed by a district court judicial authority, the student is

considered a transfer student and is ineligible for varsity level participation for 365 calendar

days. Legal guardianship must be established at least one calendar year before the transfer in

order to be considered for eligibility purposes.

6.7.2 Deceased Parents

If a student’s Parents are deceased and a guardianship of his or her person has not been

appointed, the residence of the student is presumed to be that of the grandparent, aunt, uncle,

adult brother or sister, or other person with whom the student is living and by whom the student

is supported.

6.7.3 Custodial (2017 - SB213)

A. The childcare boarding facility to which a student has been assigned by an appropriate

governmental authority is presumed to be the residence of the student.

B. If a student is moved to a foster home in another school attendance

zone or school district, the foster home is considered the residence of the student.

C. The mental health treatment facility to which a student has been assigned pursuant to the

Children’s Mental Health and Developmental Disabilities Act is presumed to be the

residence of the student.

6.7.4. Legally Separated Parents

A. If a student’s Parents separate (and are not divorced), and one Parent remains in the

attendance zone where the student had previously been attending school, the student’s

residence is that of the Parent who did not move.

B. In the event both Parents move outside their current attendance zone, the student must

establish a bona fide residence with only one Parent and petition for immediate

eligibility in the attendance zone of that Parent. The transfer rule applies after any

future relocation of the student.

C. A student who moves from parent to parent, or from legal guardian to legal guardian the

first time in his/her high school career, will be eligible provided the following

conditions are met:

1. The student is making his/her first move

2. The move is not within the same or adjoining district

Q1: Will a custody document signed by a Notary Public or a Municipal Court Judge

suffice in determining legal guardianship for NMAA eligibility?

A1: No, all custodial documents used to determine legal guardianship for NMAA

eligibility must be signed by a District Court Judge.

Section VI- Page 17

3. The student establishes a bona fide residence with his/her parent or legal guardian

4. The move was neither athletically motivated nor was the move because of

recruitment as certified by the administrators involved.

6.7.5 Divorced Parents

A. The divorce must be finalized by judicial order.

B. A student must establish full time residence with either parent in order to retain eligibility

at his/her present school or gain immediate eligibility at the new school.

C. In the event that both Parents move outside their current attendance zone, the

student must establish a bona fide residence with one Parent and may petition for

immediate eligibility. The transfer rule applies after any future relocation of the

student.

D. A student who moves from parent to parent, or from legal guardian to legal guardian

the first time in his/her high school career, will be eligible provided the

following conditions are met:

1. The student is making his/her first move

2. The move is not within the same or adjoining district

3. The student establishes a bona fide residence with his/her parent or legal guardian

4. The move was neither athletically motivated nor was the move because of

recruitment as certified by the administrators involved

6.7.6 Independent Self-Supporting Student

A. A self-supporting student (married or independent) may be eligible for athletic

competition in the attendance zone in which he/she resides provided all other eligibility

requirements are met. The criteria for achieving independent self-supporting status for

purposes of eligibility are as follows:

1. Must be residing on his/her own, paying for lodging, food, clothing, household

maintenance, transportation, etc. from funds/revenues generated through current

earnings. Students achieving eligibility under this rule cannot have been

subsidized trust, savings, or other means by which their existence would be endowed,

both past and present.

2. Must show evidence to the satisfaction of the Director that he/she is not receiving

support from anyone other than him/herself.

3. Must show evidence that the student has lodging, phone, insurance, transportation, etc.

clearly under his/her name and is responsible for the payment thereof.

4. Reaching the age of 18 is not a factor in determining independent status in terms of

determining eligibility for interscholastic activities.

Note: NMAA Administration will make determination as to eligibility status, based

on documentation received.

Section VI- Page 18

6.7.7 Boarding Schools

A. Students Residing on Campus

Students who are residing on campus and attending NMAA member institutions which have

the capacity to board or provide residence to individuals who are bona fide students at the

member institution, are eligible providing the following conditions are met:

1. The student must provide an affidavit, signed by both the student and Parents, attesting

to the fact that he/she has not in any way been influenced or recruited to enroll in

the institution for athletic or activity purposes.

2. The student left the previous school in good standing.

3. The intent of the move is to stay with this institution and not attend another high

school for the remainder of his/her secondary educational career.

4. The student has not attended the same or another boarding school, in or out of state,

and applied this exception to another institution.

5. The student will remain under the jurisdiction of this institution and be subject to all

of the same rules as any other student who attends the petitioning school during the

course of his/her tenure at the school.

B. Students Not Residing on Campus

1. Students who are not residing on campus and attending NMAA member institutions

which have the capacity to board or provide residence to individuals who are bona

fide students at that member institution will fall under the same guidelines as transfer

students.

6.7.8 Parents Living Outside the United States

A student of American Parents working or stationed outside of the United States may be eligible if

petitioned through the Director.

6.8 EXCEPTIONAL CIRCUMSTANCES

6.8.1 Eligibility Retention

A student participant enrolled for 365 calendar days as a bona fide resident or transfer student retains

eligibility for subsequent years as long as the student remains enrolled at the school and meets all

other NMAA eligibility requirements.

Q1: If a student’s parents move outside of the district but the student chooses to

remain at the school that he/she is presently attending, does that student retain

eligibility?

A1: Yes, once a student has gained eligibility retention at a school, that student

will retain residential eligibility, even if his/her parents move out of the district,

for as long as he/she continues to consecutively attend there or until his/her

eligibility has been exhausted.

Section VI- Page 19

6.8.2 Foreign Students

A. International Student Exchange Participant

Eligible immediately if the student is participating in a formal program sanctioned through the

Council on Standards for International Educational Travel (CSIET) and is not directly placed

by the CSIET program. Directly placed foreign exchange students will be eligible at the sub-

varsity level only. Students who receive a foreign exchange waiver are eligible to participate

in NMAA sanctioned athletic events for a period of one calendar school year. If they return for

a second year to the host school or any other member school, they are ineligible to participate

in NMAA sanctioned athletic events; this includes students who change their visa status.

Foreign exchange students who receive a foreign exchange waiver may reside with school

employees who are not athletic department staff members.

B. Foreign Students (non U.S. citizens)

Foreign students who enter this country without their parents/legal guardians and enroll in a

NMAA member high school without a formal sanctioned CSIET program, or who return to a

member school after completing a formal sanctioned CSIET program, are ineligible for 365

calendar days at the varsity level. A Foreign student who enrolls during his/her senior year may

not participate in NMAA sanctioned events. It is not permissible for foreign students to live

with coaches, administrators, or school officials without U.S. court ordered legal guardianship

(See Undue Influence, 6.1.3). Foreign students residing at boarding schools are exempt from

this rule.

Note: Foreign students who enter NMAA member schools without their parents and/or Legal

Guardians are not afforded an Open Enrollment Choice

6.9 ELIGIBILITY REVIEW

When determining the eligibility status of students, it is the school’s responsibility to read and follow all

NMAA policies and procedures. The policies and procedures apply to all levels of competition unless

specifically stated otherwise. It is the responsibility of administrators to ensure that Association standards

are satisfied within each school’s athletics and activities programs. If deviations are discovered, it is the

administrator’s responsibility to communicate them to the Association.

6.9.1 Local Schools

A. Local schools shall administer the eligibility review procedure and make eligibility decisions

based on the following NMAA eligibility rules:

Q2: If a Student/Parent/Legal Guardian enrolls the Student at the new home

district school after utilizing retention eligibility, will the Student gain

immediate varsity eligibility at the new home district school?

A2: No. Once retention eligibility is used, the Student forfeits eligibility at the new

home district school.

Q3: How long must a student be in attendance at a school before he/she is

eligible to use the eligibility retention regulation?

A3: A student is eligible to utilize the eligibility retention regulation one year

from his/her initial day of attendance at a school.

Section VI- Page 20

1. Scholarship, including cumulative provision (6.2)

2. Enrollment/Open Enrollment Choice (6.4)

3. If a student-athlete resided with and continues to reside with the same individual or family

other than a Parent or Legal Guardian prior to 7

grade

4. Bona Fide student (at initial/open enrollment) (6.5)

5. Eligibility Retention (6.8.1)

6. Eligibility for participation at the sub-varsity level only (6.9.3.C.2) – all paperwork,

including Form C, must be reviewed by the Athletic Director and remain in the student’s

file until graduation

7. GED/High School Diploma (6.11)

8. Semesters of Attendance (6.12) – unless an exception is being petitioned

9. Participation Limits (6.13) – unless an exception is being petitioned

10. Dual Participation (6.13.2)

11. Parental Consent (6.14)

12. Physical Fitness (6.15)

13. Participant Insurance (6.16)

14. Age (6.17) – unless an exception is being petitioned

15. Charter, Alternative, Home, and Non-Member Private School (10.1 – 10.7)

B. Documents signed by the AD and principal which are pertinent to the above rulings must be

maintained in the student’s file both at the school and the NMAA office until that student’s

graduation.

C. The local school assumes all responsibility for errors or misinterpretation of rules.

6.9.2 NMAA Office

A. The NMAA Office shall administer the eligibility review process and make eligibility decisions

based on the following NMAA eligibility rules:

1. Student Transferring to Follow a Coach (6.1.2)

2. Undue Influence of a student Athlete (6.1.3)

3. Incomplete Scholastic Record due to sickness or death of immediate family member (6.2.2)

4. Special Education (6.2.3)

5. 8

Grade Participation (6.4.1.A.2 & Note)

6. Transfer student with New Bona Fide Residence (6.5)

7. Transfers (6.6)

8. Conditions of Guardianship (6.7)

9. Foreign Exchange students (6.8.2)

10. Foreign students (6.8.2)

11. Semesters of Attendance (6.12) – exceptions only

12. Participation Limits (6.13) – exceptions only

13. Age (6.17) – exceptions only

14. Amateur Status (6.18)

15. Hardship - Hardship Petitions must be submitted with Forms A, C, school transcripts and

Transfer Rule Hardship Petition before the Hardship Review Committee can rule on the

petition. All documentation necessary for a ruling on hardship petition must be provided

at the time of the initial petition. Additional documentation after the ruling will not be

accepted. The Hardship Review Committee will meet no less than every other month

during the school year.

16. Eligibility issues pursuant to court or legal orders

B. Did Not Participate

A transfer student who did not participate in an NMAA sanctioned competition (or equivalent),

at any level, in a particular sport at his/her former school during the previous school year may

petition the Executive Director for immediate eligibility at the varsity level in that sport. The

Section VI- Page 21

student must have been in good standing and academically eligible during his/her period of

non-participation at the former school. This exception can only be used once (See 6.13.1).

C. Specialized Sport Training – Transfer students who enroll in an NMAA-member school after

attending a specialized sport training academy or school, shall be ineligible for varsity

participation in that sport(s) for 365 calendar days from the date of their enrollment.

Specialization sport training programs include, without limitation, non-school sponsored sports

training academies or facilities that recruit participants for specialized training. Specialization

sport training programs also include non-NFHS member prep school, non-scholastic

team/program, or municipal sports teams.

6.9.3 Eligibility Review Process – Petition for Eligibility

Note: A student must be academically eligible prior to submission of the petition (regular or

hardship).

A. Member schools shall petition the NMAA for a determination of a transfer student’s eligibility

to participate in NMAA sanctioned interscholastic activities at the varsity level. The member

school petitioner shall submit the required NMAA Petition Forms A, C, a transcript of the

student’s grades, and all supporting documentation. The student’s parent or guardian must sign

the Form C certifying that all information and documents supporting the petition have been

provided. The NMAA reserves the right to request any other form of information that will assist

in determining the student’s eligibility.

If a Hardship is being petitioned, the Transfer Rule Hardship Petition Form must also be

completed and all supporting documentation must be provided with the Transfer Rule Petition

Form. The affected student’s parent or guardian must sign the Petition for Eligibility certifying

that all information and documents supporting the Hardship have been provided. The NMAA

shall notify the student’s sending (previous) school of the request for Hardship review.

B. The member school petitioner shall submit to the NMAA office:

1. Correspondence and/or Form A stating:

a. Name of student

b. Reason for petition/exception (If hardship, in addition to Forms A, student transcript

and Form C, the Transfer Rule Hardship Petition must also be submitted.)

c. Eligibility rule being petitioned or a narrative explaining specifics of the transfer.

2. School record/Transcripts (must include grades from most recent grading period).

3. Record from previous school/good standing (Form C)

4. All documentation necessary for a ruling on a petition for eligibility (e.g., residential lease

or home purchase documentation, other bona fide residence documentation, medical

records, written statements of health care provider(s), divorce decrees, court documents,

documents establishing hardship, other records including video recordings, audio

recordings, emails etc.) must be provided at the time of the initial petition. Athletic

Directors should notify the parents or guardians of the student whose eligibility is being

determined of the need to provide all supporting records, and the deadline to do so. The

affected student’s parent or guardian must sign the Petition for Eligibility certifying that

all information and documents have been provided.

Section VI- Page 22

C. Each member school petitioner shall complete the required forms and submit the documentation

to the NMAA office.

1. A student may practice but is not permitted to participate in games/contests at the varsity

level until a decision has been received from the NMAA via email, official phone call or

U.S. Mail. (This criteria does not pertain to sub-varsity competition, although

documentation verifying that the student left his/her previous high school in good standing

is required prior to sub-varsity participation.)

2. Transfer students who will participate at the sub-varsity level only, do not need to be

petitioned to the NMAA, although a Form C must be requested by the petitioner at the

receiving school to ensure that the student left the sending school in good standing. If a

Form C indicates that the student did not leave in good standing (ex. fines owed,

disciplinary measures not satisfied) the form C document must be submitted to NMAA

administration for review and ruling prior to eligibility declaration.

D. The Executive Director or designee shall make the determination of eligibility based on the

information and records submitted with the Petition for Eligibility and in accordance with

NMAA bylaws. The member school may appeal this decision pursuant to Section XIII of these

Bylaws.

6.9.4 Effect of Eligibility Determination

A decision of eligibility by the Director, Appeals Review Committee, or Board of Directors is a

determination that a student is eligible under the NMAA bylaws, rules, and policies to participate

in an NMAA sanctioned activity at a specific member school. A determination of eligibility by the

NMAA is not a guarantee that the student will be allowed to play a certain amount of time or

participate to any particular degree. Member schools, administrators and coaches retain discretion

over such decisions.

6.10 USE OF INELIGIBLE STUDENT PARTICIPANT

6.10.1 Penalty for Use of Ineligible Student Participant

A member school or coach allowing an ineligible student to participate in an interscholastic activity

will be subject to sanctions as determined by the Executive Director which may include forfeiture

of games. (See 2.2.2)

6.11 GED/HIGH SCHOOL DIPLOMA

6.11.1 GED/High School Diploma

A student’s eligibility for participation is ended once that student earns or is eligible for his/her GED

or high school diploma or its equivalent.

A. A student who leaves high school and completes a full-time early release post-secondary

education/training program (GED or its equivalent) is no longer eligible for interscholastic

competition even though the student later returns to high school.

B. A senior student who is eligible in the spring semester continues to be eligible for all spring

interscholastic activities even though graduation exercises may precede the completion of

interscholastic activities for that specific semester.

Section VI- Page 23

6.12 SEMESTERS OF ATTENDANCE

6.12.1 Senior High Interscholastic Competition

A student is eligible for senior high school interscholastic competition for ten (10) consecutive

semesters starting with the 8

grade year if the student participates in any sport at the senior high

level during his/her 8

grade year. A student is eligible for senior high interscholastic competition

for eight (8) consecutive semesters starting with the 9

grade year if the student is beginning senior

high competition for the first time and has not previously participated at the senior high level prior

to entering the 9

grade.

A. Age limitations apply in all cases. (6.17)

B. A student uses a semester of eligibility if he or she attends one or more class periods in a

semester.

C. The 8

grade semesters must be consecutive and within the same academic year.

Q2: A Student is taking GED courses during the evenings in addition to being enrolled

at the local high school in excess of 51% of the school day. The student is afforded

the opportunity to take the GED exam and earn his/her GED diploma during this

timeframe. Once the Student has been awarded his/her GED Diploma, is he/she

eligible to remain and participate in high school athletics?

A2: No, once a student has earned a high school equivalency degree (GED) he/she is

no longer eligible to participate in NMAA sanctioned events.

Q1: A Student was held back in the 8

grade for academic reasons. He did not

participate in athletics at the senior high level (C-Team, sub-varsity or varsity). The

Student will turn 19 prior to September 1

of his/her senior year. How many

semesters of eligibility does this student have to play?

A1: If the student does not participate at the high school level in his/her second 8

grade year, he/she will have 8 consecutive semesters of eligibility beginning with the

grade year. However, as the Student will turn 19 prior to September 1

his/her senior year, the Student will have exhausted his/her athletic eligibility based

upon age limitations and will be ineligible for athletic participation his/her senior

year. (See 6.17)

Q1: A Student withdraws from high school to attend a semester long fire fighting

program offered by the city as a requirement for employment. The Student plans to

return to the high school to graduate. Is the Student eligible to participate during

his/her semester of absence?

A1: No, a student must be enrolled in at least 51% of the school’s full schedule of

classes in order to be eligible to participate.

Section VI- Page 24

6.12.2 SBE Regulation No 95-11 Section IV C - Americans With Disabilities Act (ADA)

A student forced to withdraw from school attendance may not be required to count the semester as

one of possible eligibility, provided each of the following criteria is met and supported by evidence

acceptable to the Director. The burden of proof rests with the Parent or school requesting the

exception. The student must:

A. Have been forced to withdraw due to illness, injury, or disability (as defined by the Americans

with Disabilities Act). The withdrawal must be necessary because of the student’s disability or

medical condition, not merely a preference.

B. Have been forced to withdraw on or before the 15th school day of that semester.

C. Not have participated in any interscholastic athletic event(s) that semester.

D. Have been eligible scholastically that semester at the time of withdrawal unless the student’s

scholastic ineligibility is a result of a disability which is the basis for the student’s withdrawal.

E. Continue to be unable to attend school for at least the remainder of that semester.

F. Meet all other eligibility standards.

6.13 PARTICIPATION LIMITS

6.13.1 Season/Championship Limit

A. A Senior High student is eligible for no more than four (4) seasons in any sport unless that

student participated at the senior high level during his/her 8th grade year in which he/she is

eligible for no more than five (5) seasons. A Junior High/Middle School student shall not

participate for more than three (3) seasons in a given sport, regardless of circumstances (7th,

8th, and 9th for junior high and/or 6th, 7th and 8th for middle schools).

B. A student is limited to one (1) season per school year in a specific sport. This applies to students

transferring from another state where the season may have already occurred in that sport.

C. It shall be considered a season of participation when a student participates in an NMAA

sanctioned competition (or equivalent), at any level, in that sport. (See Appendices for

definitions of participant, participation, and practice.)

Q1: If a student plays softball in a state where it is a fall sport and then transfers to

New Mexico and wants to play here where it is offered in the spring, may she do

so?

A1: No, a student is limited to playing a sport for one season only during a

scholastic year.

Q2: If a student repeats the 8

grade and participates at the high school level during

his /her second 8

grade year only, how many semesters of eligibility does the

student have remaining beginning with his/her second 8

grade year?

A2: As long as the student does not exceed the age requirement, the student will have 10

consecutive semesters of eligibility remaining beginning with the first semester of

his/her second 8

grade year, providing that he/she did not play at the high school

level during his/her initial 8

grade year .

Section VI- Page 25

D. Students who transfer after participating in tryouts or after practicing at that school for five (5)

or more days after the official practice start date will be ineligible for varsity participation in

that sport at the new school for the remainder of the school year.

E. Students who transfer after participating in an NMAA sanctioned competition (or equivalent),

at any level, will be ineligible for participation at any level in that sport at the new school for

the remainder of the school year (See 6.13.1.B & C).

6.13.2 Dual Participation

A. Participating on a non-school team in the same sport during the school season is discouraged.

If a student is allowed by the school, through the permission of his/her coach or administrator,

to participate in this manner, the student’s sport event limit may not be exceeded cumulatively.

B. Game limitations in interscholastic sports are not to be exceeded.

1. Pre-season scrimmage does not count toward game limits.

2. All competition and/or games played (school and/or non-school, individual and/or team)

from the first day of permissible legal practice to the final day of their school schedule in

that sport count toward the allowable limit. Exception: Golf, Tennis, and Spirit.

Note: Because swimming/diving is classified as a “year round” sport, meet limitations in that

sport are in effect from the start of the NMAA competitive season (Monday of week #19)

through the completion of the school’s swimming/diving schedule.

3. NMAA Post-season events such as district and state tournaments do not count toward that

limit.

C. The Director may impose penalties appropriate to the violation.

6.13.3 Post-Secondary School Participation

A student who, while representing a member school, competes against any collegiate individual or

team, shall be subject to NMAA sanctions.

Q1: If a student plays on his high school basketball team and also on a church

league basketball team during the NMAA regulation basketball season, do

the church league games count towards the students maximum allowable

games?

A1: Yes, all games played (church league, AAU, city league, etc.) with the

exception of one pre-season scrimmage and NMAA sanctioned post-season

events (district and state tournaments) count toward the maximum number

of allowable games.

Q2: If, during the NMAA sports season, a student athlete is invited to a

showcase staged by university programs with the intent of evaluating post

secondary playing potential and the showcase includes scrimmages, do those

scrimmages count toward that student athlete’s maximum number of

allowable games during a sports season?

A2: Yes, participating in any type of organized game competition counts towards

a student athlete’s maximum number of allowable games during a sports

season.

Section VI- Page 26

6.14 PARENTAL CONSENT

6.14.1 General Consent

A statement must be on file in the school office, signed by the student’s Parents or Legal Guardian,

indicating that there are no objections to the student participating in athletic contests or to the school

releasing to the Association information on the student when needed to determine eligibility.

6.14.2 Consent to Treat

Prior to participation, written parental consent, allowing qualified medical providers (QMP) to

provide sports medicine services, must be on file with the school and provided on the NMAA’s

Consent to Treat form. A QMP is defined as a medical/osteopathic physician, physician’s assistant,

nurse practitioner, or athletic trainer licensed by the state of New Mexico (or the state in which the

student-athlete is located at time of injury or illness).

6.15 PHYSICAL FITNESS

The student must be physically fit. This fitness must be based on a physical examination of the student

occurring on or after April 1 of the previous school year and must be verified in writing by a licensed

medical/osteopathic physician/physician's assistant or nurse practitioner to the extent authorized by their

practice act and licensing authority. The physical is considered valid through the following school year. A

student must have a current physical on file for any participation outside of the school day (pre-season, in-

season, off-season, summer). The certificate of examination must be on file in the member school office.

By State Education Agency regulations, SBE Regulation No. 95-11, Section IV. A., a student’s fitness may

be verified in writing by a “licensed chiropractic physician to the extent authorized by their practice act and

licensing authority.”

Member schools shall utilize the physical examination forms provided by the NMAA. There shall be

four parts:

Part One – Emergency Information Form – To be completed and signed by the parent or guardian of the

student athlete. Schools may use their own form/format.

Part Two – Annual Pre-Participation History Form – To be completed and signed by the parent or

guardian of the student athlete.

Part Three – Annual Pre-Participation Examination Form – To be completed and signed by the

examining medical provider.

Part Four – Consent to Treat Form – To be completed and signed by the parent or guardian of the

student athlete.

Q2: If a student takes a physical examination in March of the current school year, is that physical

examination valid during the fall sports season of the following school year?

A2: No, any physical examination taken prior to April 1

, is valid for the present school year only.

Q1: Must a student have a current physical to be eligible to participate in school sponsored summer

or out of season (ex. one hour after school) programs?

A1: Yes, for liability purposes, a student must have a current physical to be eligible to participate in

school sponsored programs.

Q3: If a student took a physical examination after April 1

of the previous school year but prior to

the present school year, is the physical examination valid throughout the present school year?

A3: Yes, a physical examination taken after April 1

is valid for the entire following school year,

including the summer.

Section VI- Page 27

6.16 PARTICIPANT INSURANCE

Participants must be covered by accident/injury insurance prior to participation. They may carry school-

offered insurance or provide the school with documentation that they are covered by a private insurance

carrier. A document signed by the student and parent verifying insurance coverage must remain on file in the

athletic administrative office.

6.17 AGE

An age limitation requirement provides commonality between student-athletes and schools in interscholastic

competition; inhibits “redshirting”; allows for the participation of younger and less experienced players,

enhances the opportunity for more students to participate; promotes equality of competition; avoids over-

emphasis on athletics, and helps to diminish the inherent risk of injury associated with participation in

interscholastic athletics.

To ensure equality of competition and opportunity, a standard must be established to determine the cut-off

date for age eligibility. Use of a specific cut-off date gives notice to all parties involved in interscholastic

athletics and maintains equality of participant eligibility among schools.

A student who turns 19 years of age after August 31 of the current school year is eligible for the entire school

year. A student who is 19 years of age or older prior to SEPTEMBER 1 (12:01 A.M. MIDNIGHT) is

ineligible.

For Junior High/Middle School, a student is eligible to play with the grade indicated if the student is of age

at the date outlined herein. If not, the student must move up to play with the age which is correct for him/her.

Sixth Grade: A student must be less than 13 years of age on August 31

of the current school year.

Seventh Grade: A student must be less than 14 years of age on August 31

of the current school year.

Eighth Grade: A student must be less than 15 years of age on August 31

of the current school year.

Ninth Grade: A student must be less than 16 years of age on August 31

of the current school year.

Note: Age appropriateness does not supersede allowable semesters of competition. (See 6.12.1)

Q1: Must a student be covered by accident / injury insurance to be eligible to participate in a

summer, or out of season (ex. one-hour per day) school sponsored program?

A1: Yes, for liability purposes, students participating in these programs must be insured.

Q2: Do students need to provide proof of insurance if the school already has a blanket insurance

policy that covers their sport programs and participants?

A2: No. The blanket policy satisfies the requirement, and it would be up to each individual school

to require additional individual coverage if they so choose.

Section VI- Page 28

6.18 ATHLETIC AMATEUR STATUS

6.18.1 Amateur Status

In order to represent their school in any Association-sanctioned contest, students must be amateurs

in that sport.

6.18.2 Participate Under Own Legal Name

An amateur athlete shall participate and shall always have participated under his/her own name.

6.18.3 Loss of Amateur Status

A. An amateur athlete forfeits amateur status in a sport by:

1. Competing for money or other monetary compensation.

2. Receiving any award or prize of monetary value.

3. Capitalizing on athletic fame by receiving money or gifts of monetary value in affiliation

or connection with activities involving the student’s school team or school.

a. This provision is not intended to restrict the right of any student to use their name,

image, or likeness to participate in a commercial endorsement provided there is no

school, school team, or NMAA affiliation.

b. The student is prohibited from appearing in the uniform of the student’s school and

may not utilize the name, marks, logos, etc. of the school, or NMAA as part of any

endorsement.

*NOTE: This provision is also applicable to participants in the activity of Esports.

Q1: The owner of a local shoe store invites a player from the local high school

volleyball team to come by the store and pick out a pair of free shoes. Does this

affect that player’s amateur status?

A1: Yes, financial benefit gained because of athletic participation does jeopardize a

student’s amateur status.

Q2: After a great ballgame, the owner of the local restaurant invites the team over to the

restaurant for a free meal. Could this affect the amateur status of the team

members?

A2: Yes, financial benefit gained because of athletic participation does jeopardize a

student’s amateur status.

Q3: During the end of season sports banquet, the booster club gives a blanket to each

member of the team. Is this in violation of NMAA eligibility guidelines?

A3: Awards must be symbolic in nature. Merchandise awards are in violation of

NMAA guidelines and will affect the eligibility status of the student athlete.

Section VI- Page 29

6.18.4 Contracts

An amateur athlete shall not sign any contract for his/her services as an athlete representing he/her

school except a letter of intent to attend a college or university.

6.18.5 Retention of Amateur Status

An amateur athlete who received pay for officiating or teaching in recreation programs retains

amateur status for interscholastic competition.

6.18.6 Participation With or Against Professional Athletes

An amateur athlete may participate with or against professional athletes, but not while representing

a member school or the Association. The athlete’s amateur standing is ultimately under the

jurisdiction of the national or international governing body for the specific sport. The Dual

Participation Regulation applies.

6.18.7 Non-School Sponsored Events – Awards

In non-school sponsored events, the awards a participant may receive and still retain amateur status

will be determined by the NCAA guidelines for that specific sport. For golf and tennis, amateur

status will be determined by the national governing body.

6.18.8 School Sponsored Events - Awards

Individual participants in any interscholastic athletic/activity sponsored and/or approved by the

Association shall not accept cash or merchandise awards. Awards must be symbolic in nature with

Q4: If a team wins a state championship, may the school reward the athletes/coaches

with championship rings and if so, what entity may purchase the rings?

A4: Providing state championship rings is allowed and they may be purchased by any

entity (school, booster club, personal contributors, etc.) What school

administrators must understand is if they choose to provide a championship team

with rings, they are setting a precedent and must do the same for all other teams

within the school who win state championships, even if it means purchasing them

with school funds.

Q5: A student-athlete is invited to participate and train with a professional sport youth

academy. Included in the invitation is a monthly stipend. Is this permissible?

A5: Students may participate with or against professional athletes; however, in order to

retain their amateur status, they may not receive any financial compensation for

their participation.

Q6: In return for endorsements, a local business owner offers payment to student-

athletes in the community. Could these endorsements affect a student-athlete’s

amateur status?

A6: Students may receive compensation for commercial endorsements provided there is

no school, school team, or NMAA affiliation. This would include the use of school

or Association marks/logos, the school uniform, references (including hashtags, or

other social media tags) to the school or the Association, etc.

Section VI- Page 30

no functional or intrinsic value such as, but not limited to, letters, plaques, trophies, medals, ribbons,

certificates, and letter adornments.

A. "Cash" includes such things as, but not limited to, remuneration in any form such as cash,

money orders, gift certificates, scholarships, free or reduced price meals.

B. "Merchandise" awards include such things as, but not limited to, jackets, sweaters, blazers,

wind-breakers, blankets, etc.

6.18.9 Amateur Status Lost in One Sport

A student athlete who has lost amateur status in one sport does not necessarily lose amateur status

in other sports. An appeal for reinstatement of amateur status must be submitted to the NMAA.

6.19 ELIGIBILITY COMPLAINTS

Any school/individual filing a complaint regarding the eligibility of a student may be required to submit in

writing/email, a full statement of the facts to the Director. The Director shall have the discretion to

determine whether an investigation is warranted, the authority to conduct an investigation, the authority to

determine what, if any action, should be taken, and to take such action on any complaint.

6.20 PENALTIES

6.20.1 Violations of Rules and Regulations by Participants, Fans, Students, and School Personnel

Violations of any of the rules and regulations of the Association may subject a school or any

individual to sanctions, including suspension and fines. In addition, the Director has the authority,

after investigation, to suspend a school or individual for violations of the Code of Ethics, Undue

Influence, or other serious offenses against the goals and philosophy of the Association. (See also

NMAA Bylaw 7.7.4. “Crowd Control and Unsportsmanlike Conduct”)

6.20.2 Injunctions/Temporary Restraining Orders

A. If a student is ineligible by rule yet is permitted to participate contrary to those rules, but in

accordance with the terms of an injunction or court restraining order against the student’s school

and the Association and the injunction is subsequently vacated or reversed in favor of the

Association and school’s position, remedies or action may be taken by the Association. If a

finding is entered by the court that the application for injunctive relief or restraining order is

frivolous, any one or more of the following actions against such school in the interest of

restitution and fairness to other competing schools may be taken:

1. Require the individual or team records and performances achieved during participation by

such ineligible student be vacated, stricken, or forfeited;

2. Require any team victories/contests to be forfeited to opponents;

3. Require team or individual awards earned to be returned to the Association and/or;

4. Require funds to be retained or returned to the Association. If a school has received or

would receive any funds from the Association tournament series (state playoffs) in which

the ineligible individual participated, that school would be required to forfeit its share of

the net receipts from such competition; and if said receipts have not been distributed, to

authorize the withholding of said receipts by the Association.

Section VI- Page 31

5. Impose an appropriate penalty on the member school or program, such as but not limited

to suspension, probation, reprimand, etc. as presently exists within the NMAA Handbook.

B. A school which has been suspended in one or more activities/athletic events sanctioned by the

Association may not participate in that activity for a period not to exceed one calendar year.

Other terms of the suspension or sanction imposed are established through Administrative and

Review Committee procedures.